Why Are Impound Cars Searched?
When police take custody of a vehicle that car is transported to and stored in the police impound lot. Impounding can happen for a variety of different reasons (owner arrested, fines not paid, etc.), and in many of these circumstances a search of the vehicle is not only legal, but deemed a necessity.
-
Incident to Arrest
-
If a car is impounded because the owner is arrested while near the car, then the car is searched before it's towed away. Because the car is searched and taken away as part of an arrest, there is no warrant required. Additionally, any additional crimes or evidence found during a search of the vehicle are admissible in court.
Officer's Safety
-
A general search of an impounded car may be considered necessary for an officer's safety. If an officer smells chemicals for instance (leaking gasoline or a strange scent from the trunk) then the officer may have probably cause to believe there's something dangerous present either because the car is damaged, or because something hazardous is stored inside of it.
-
Record Keeping
-
If a car is impounded it's important that police get an accurate record of what's in the car so that none of it goes missing. It's also important that any damages that are present on the car be noted so that there's evidence the damage did not happen in the impound lot. It's important that impounded cars all have their own file so that proper procedure is followed.
Evidence Search
-
If a car needs to undergo a thorough search for evidence, then the car will be impounded. If this search is not incident to an arrest then a warrant will be issued to the owner of the vehicle and then the vehicle will be taken away to the police lot. Once the car is at the lot crime scene investigators will search the vehicle thoroughly.
Local Laws
-
The rules that apply to searching impounded cars may vary according to local jurisdiction and state law. The depth of a search may vary also. For instance, some searches may be conducted of visible areas but not the trunk. Other searches may be allowed in the trunk and the glove box. Searches through chemical means (blood stain tests, fingerprint kits, etc.) are also regulated by law, but they usually require impounding the car first.
-
References
- Photo Credit Police image by Zeno from Fotolia.com